Apartment and Condo Fair Housing

Accessibility Toolkit

Equal Rights Center

 The Equal Rights Center (“ERC”)
is a national non-profit civil rights organization
dedicated to identifying, challenging, and
eliminating discrimination.

With more than 25 years of protecting civil rights,

today, the ERC and our thousands of members address
issues of discrimination in six areas: fair housing,
fair employment, disability rights, access to
public accommodations, access to government services,
and immigrant rights through education
and outreach, research, testing, counseling,
enforcement, and advocacy.

In housing, the ERC works to promote equal

opportunity in housing rentals and sales, home warranty
coverage, homeowners insurance, predatory lending,
redlining and reverse redlining, and accessible housing
for persons with disabilities.

EQUAL RIGHTS CENTER

11 Dupont Circle N.W., Suite 450

Washington, D.C. 20036
(202) 234-3062 (Voice)
(866) 719-4372 (Toll Free)
(202) 234-3106 (Fax)
www.equalrightscenter.org
complaints@equalrightscenter.org

1 © 2009 Equal Rights Center—All Rights Reserved

 Table of Contents

3 I. Introduction

4 II. Accessible Housing and You

4 A. Does the Fair Housing Act apply to your

apartment or condo building?

5 B. Are there accessible common and public use

areas?

6 C. Are the living units accessible?

6 • Accessible route into and throughout

the dwelling unit

7 • Thermostats and other environmental

controls, light switches and electrical
outlets in accessible locations

7 • Reinforced walls in bathrooms for later

installation for grab bars

8 • Usable Bathrooms and Kitchens

10 III. Checklist

11 Complaint Form

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 I. Introduction
This toolkit is designed to inform you of your rights as a renter or
condo purchaser with a disability in multi-family housing. If you, or a
family member who lives with you, has a disability, you have the right
to live in housing in which your unit and all common use and public
use areas are accessible.

Multifamily housing providers must build and make available

housing units that meet federal, state, and local accessibility
requirements. These requirements mandate accessibility of certain
features including: the width of doors; the height of thermostats, light
switches, and electrical outlets; the dimensions of the bathroom and
kitchen; and the route into and through the units. In addition, all
common areas such as the clubhouse, gym, or pool, and all public use
areas such as parking lots and rental offices, must be accessible.

Sometimes in order to make a housing unit accessible, a person with a

disability must request a further modification or accommodation to a
property from the housing provider. Generally, a modification applies
to structural changes to the unit or in a common area, whereas an
accommodation is a change of rules or policies. Please refer to the
ERC’s Reasonable Accommodation and Modifications: An Accessibility
Self-Advocacy Toolkit for steps that will help you request a reasonable
modification or accommodation and determine if you or the housing
provider is responsible for the cost.

If you have questions or believe you need help dealing with an

accessibility issue, please contact the ERC at:

The Equal Rights Center

11 Dupont Circle N.W., Suite 450
Washington, D.C. 20036
(202) 234-3062 (Voice)
(202) 234-3106 (Fax)

www.equalrightscenter.org
complaints@equalrightscenter.org

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II. Accessible Housing and You
A. Does the Fair Housing Act apply to your apartment or
condo building?

The Fair Housing Act (“FHA”) requires that newer multi-family

dwellings be designed and constructed to include certain minimal
features of accessibility.1

Multi-family dwellings are buildings consisting of four or more

residential units, such as apartment complexes, condominiums,
cooperatives, and assisted living facilities. The FHA “covers”
buildings completed for first
occupancy after March 13, 1991. A
“covered” property must comply
with the FHA’s accessibility
regulations explained below.

To determine the first occupancy of a

building look for a government
issued Certificate of Occupancy.2 It
should be prominently posted and
visible to a person visiting the
building. If you cannot find the
Certificate of Occupancy ask a
manager or leasing agent.

Within a multifamily dwelling some

or all of the units may be required to
be accessible. In buildings that have
elevators all units are “covered
units.” Ground floor units in garden style and non-elevator buildings
are also covered by the FHA.

1
Other federal, state, and local laws may require even greater accessibility depending on a
variety of factors.
2
A Certificate of Occupancy is a document issued by a state or local government agency which
states the date on which a building is first suitable for tenants.

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B. Are there accessible common and public use areas?

The FHA requires areas that are made available to residents, guests,
and the general public be accessible to people with disabilities.3

Common and public use areas include the following examples:

Bathrooms Sidewalks
Parking Lots Corridors
Lobbies Drinking Fountains
Rental Offices Mailboxes
Clubhouses/Club Rooms Pools
Fitness Centers Recreational Areas
Garbage Dumpster Areas Car Wash Areas
Common Area Kitchens Laundry Areas
Leasing Offices Business Centers

All “covered” properties must have: (1) accessible doors and (2) an
accessible building entrance on (3) an accessible route.

1. “Accessible doors” for public and common use areas must have a
clear opening of 32,” and “accessible doors” in living units must be
at least 31 5/8,” and have little to no threshold. All door
handles must be operable without tight grasping or twisting.
There must be accessible doors into and throughout all common
and public areas and leading into units.

2. An “accessible entrance” allows a person who uses a mobility

assistive device, such as a wheelchair, cane, walker, or crutches to
get into a building without structural barriers such as stairs, steep
ramps, or overly heavy doors. This entrance should lead to and
from public transit stops, accessible parking, and public streets and
sidewalks.

3
The Americans with Disabilities Act imposes additional accessibility requirements on
public areas. For example, amenities should have an accessible route leading to and within the
area, as well as usable bathrooms.

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3. An “accessible route” is a continuous path which allows a person
with a mobility assistive device to travel to the property’s
amenities, including mailboxes, garbage areas, swimming pools,
and clubhouses. An accessible route should be sufficiently wide
and have no structural barriers such as steps, uneven paths, or
steep ramps.

The accessible entrance to this apartment complex allows a person who uses a
wheelchair or other mobility assistive device to get into the building without any
structural barriers.

C. Are the living units accessible?

Accessible route into and throughout the dwelling unit

There must be an accessible route into and throughout each “covered”

unit. The exterior doors on an accessible route must be accessible, and
the route must be unobstructed and wide enough to:
• Pass through the main entry door;
• Continue through all rooms in the unit;
• Adjoin clear floor spaces required for appliances; and
• Connect with all secondary exterior doors, such as patio doors.

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 Thermostats and other environmental controls, light switches, and
electrical outlets in accessible locations.

The controls of thermostats and other environmental controls, light

switches, and electrical outlets in a unit may be no higher than 48” off
the floor and no lower than 15” above the floor. This ensures that
controls are within reach for people with mobility disabilities.

Photos courtesy of the Fair Housing Act Accessibility Requirements Overview

participant manual, a resource of Fair Housing Accessibility First and the U.S.
Department of Housing and Community Development.

Reinforced walls in bathrooms for later installation of grab bars.

Many people with disabilities need the ability to install grab bars for
their toilets and bathtubs in their bathrooms. While units are not
required to have grab bars, they are required by the FHA to have
bathroom walls reinforced so that grab bars may be easily installed. If
you believe that you or a family member may need grab bars, you
should ask the housing provider whether the walls are reinforced for
grab bars.

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Usable Bathrooms and Kitchens

Usable bathrooms must have clear floor space for a person with a
wheelchair to: enter; close the door; use the toilet, sink, and bath;
reopen the door; and exit.

In the picture on the left, the woman has enough space to enter the bathroom. On
the right, the woman again has sufficient space to access and use the sink and
toilet. Photos courtesy of Strategies for Compliant Bathrooms participant
workbook, a resource of Fair Housing Accessibility First and the U.S. Department
of Housing and Urban Development.

Usable kitchens must have sufficient space for a person who uses a
wheelchair. A usable kitchen should have sufficient clear floor
space in front of appliances and the ability to maneuver about the
kitchen. A person in a wheelchair should have sufficient space to
move between and among fixtures, appliances, and countertop
work spaces. Examples are shown in the following pictures:

1. There should be enough

room for a person in a
wheelchair to pull sideways
to access the sink or stove.
A person should be able to
set a dish in the sink or a pot
on the stove with ease.

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 2. The dishwasher and the refrigerator
must have enough clear floor space
so a person facing it can pull
forward or sideways to access an
item.

3. There must be 40” of clearance

between all opposing walls and
appliances, even if an
appliance protrudes farther
than the counter.

4. In “U-shaped” kitchens,
in which there is a sink,
range, or cooktop at the
base of the “U,” there
must be a 60” circle for a
wheelchair to turn
around.

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 III. Checklist
In evaluating accessibility at your current or potential apartment or condo,
this checklist will prove helpful.

Does the Fair Housing Act apply to the building and unit?

Four or more units

Completed after March 13, 1991
Unit on ground floor if no elevator, or on any floor serviced
by an elevator

If it is covered, does the building or particular covered unit have all of the
following accessible design features?

Accessible entrance on an accessible route

Accessible public and common use areas
Usable doors
Accessible route into and through the dwelling unit
Accessible light switches, electrical outlets, thermostats,
and environmental controls
Reinforced walls in bathrooms for grab bars
Usable kitchens and bathrooms

If you have questions or believe you need help, please contact us at:

Equal Rights Center

11 Dupont Circle N.W., Suite 450
Washington, D.C. 20036
(202) 234-3062 (Voice)
(202) 234-3106 (Fax)

www.equalrightscenter.org
complaints@equalirghtscenter.org

FOR OFFICE USE ONLY

Date Received:
Received By:
Program:
Assigned To:

www.equalrightscenter.org 10
 ERC Initial Complaint Form
If you believe your apartment or condo complex is “covered” by the FHA, but does not
have the features described in this toolkit, and you find that you are unable to have equal
access to housing and equal enjoyment of your home due to your disability, please
complete the ERC complaint form below and send it to the ERC for assistance.

_______________________________________________________________________
Name (or Anonymous) Address

_______________________________________________________________________
City State Zip

_______________________________________________________________________
Home Phone Cell E-mail
Summary of Your Complaint:
(Please describe events and facts in chronological order. Include dates and names of
persons. You may add additional pages.)

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

Please read before signing:

I certify that the above information is true. I understand that the Equal Rights
Center (ERC) is a private, not-for-profit organization that works to reduce
discrimination in housing, employment, public accommodations, and
government services by providing confidential and free-of-charge counseling,
advocacy, and investigative services. The ERC does not provide legal services or
legal advice. If the ERC determines that my complaint has merit, it may take
independent action against a party, or refer me to counsel.

_______________________________________________________________________
Signature Date

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